Collegedale TN bans guns

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I call B.S. on the whole thing. TN has a state pre-emption. We have a valid carry permit program. No municipality can outlaw guns. I've never been to Collegedale but I would bet they are as gun friendly as any other place outside of Shelby County.
There is more to the story than we are being told. That is obvious. And that's assuming there is actually a story there.
 
I have to go along with the "more to the story" crowd. As with so many cases like this one that usually turns out to be the case. I will keep an eye on the thread and hopefully will find out "the rest of the story."
 
A permit in TN is a defense to prosecution for the charge of 'intent to go armed' along with other defenses for hunters, judges, sport shooters, people at their home or business.

Technically, you could be arrested even with a permit for 'intent to go armed' or even having a gun at your business, but the minute you go to court the charge would be tossed.

There has to be more to this story than the guy having a permit and a gun.
 
Bubba, see post #3 and the link to their 1977 law in post 1. The state preemption seems to start in 1986 and clearly states that it is not retroactive. That is the problem. I also keep my hcp next to my dl but i think their databases could be connected and pop up whether they see the card or not.
 
OP answered and resolved

:banghead: thank goodness that finally settles it. Bubba calls bs so now their 1977 ban is no longer valid. Bubba did what the states 1986 law did not do.

Sincere thanks to everyone else for their input. We should be vigilant and call bs on any other hidden gun bans in what ever form they exist.
 
Bovice said:
Ok, so if the crap hit the fan when the LEO saw his concealed weapons permit. If that's what set this all off, we learn a new lesson.

DON'T KEEP YOUR PERMIT IN PLAIN SIGHT! When you open your wallet, what do you see? If you see your permit, move it someplace it can't be seen, even if you remove your driver's license.

Anybody on state or federal payroll should be suspect. Don't make it so easy for them. Don't give them a thing.
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That won't work for us here in SC. We are required by law to present our CWP when we present our DL when stopped. Failure to do so and then being found to be carrying is big time trouble! I am not aware of any towns in SC that have any such law as has been discussed here though, so I don't worry much about presenting when stopped.
 
Makes me wonder how many of the "shall-notify" states have laws allowing locales to have such strong prohibitions.. Notify, as required by state law, and get hauled off to the hoosegow by the locals for breaking theirs..
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If you're armed illegally, there is no duty to inform because it would be self-incrimination. The problem is when you *think* you are legal because you don't know about the local ordinance in Big Whiskey.
 
I keep being disappointed about absurd gun laws in the South.. Screw it.. I won't live in a state where I Can become a criminal and stripped of my freedom, spending the rest of my life sharing a cell with murderers/rapists, just because I drove through the wrong town.

When the city of Seattle decided to try to push its own gun law, the WA government said cut it out or risk punishments for enacting illegal laws. The city backed off and found itself powerless.

All I know is some of the Old Confederate and "most" of the Old Yankee states seem to have a few unfortunate things in common. Over-policing and enacting bizarre laws that focus on incriminating the law-abiding?
 
Must be more to this story. Some things are just not adding up.

Also, in Tennessee your permit is linked to your driver's license - hell your permit number and driver's license number is the same number. Its really more of an extra endorsement more then anything.

Thus, our guy did not even need to show or flash his permit to the LEO. As soon as the cop ran his driver's license, it popped up on the display that this driver's license has a concealed carry permit associated with it, and that probably gave the LEO all the "probable cause" he needed to search his car.
 
Having a permit is not illegal. Thus there is no "probable cause" to search anything.
No, there is more going on here.
 
Bubba613 said:
Having a permit is not illegal. Thus there is no "probable cause" to search anything.
No, there is more going on here.
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Agreed. However, if the cop ran the DL, saw the permit, and walked back to the driver saying, "I see you have a CWP. Are you armed right now? Where is it?" how would the best response be under the Collegedale circumstance? Just respond with "I don't believe I have to answer that question.", or even "I don't consent to any searches or seizures."??
 
Yes bubba, there always is more to the story but the intent of the op was to inquire if more of these hidden and possibly unenforced laws exist legally where they could tack on a charge if you happen to run accross the wrong situation. Nothing is being taught in ccw classes about possible pre1986 laws that are not preempted. I would like a national reciprocity but short of that i would at least like to know i am not at the enforcement discretion of whatever mayor just got elected. If it helps keep on track, lets say the alleged victim, if any, broke every other law in the book. The question is, can this pre1986 law be used against you or me? I know that I will not be breaking those other laws and may never be in Collegedale again, so my only concern is if I might unsuspectactly break one of these laws in tn just when they decide to enforce. How about a map of the towns with a pre1986 law. Maybe we could move this to the activism forum and get the pre 1986 exemption removed. Please forget about the rape victim having a short skirt and makeup. It doesnt matter.
 
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The facts in this case are crucial to determing what happened. Currently the bs line is that Collegedale somehow trumps state law and is a bastion of gun grabbing within solidly GOP Hamilton County. A simpler explanation is that the driver was guilty of some actual infraction, like being drunk in possession and this is why the gun was taken. But in the absence of actual evidence here it is difficult to tell.
 
I keep being disappointed about absurd gun laws in the South.. Screw it.. I won't live in a state where I Can become a criminal and stripped of my freedom, spending the rest of my life sharing a cell with murderers/rapists, just because I drove through the wrong town.
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In SC I do have to inform LEO of my carrying if asked for ID, but at least I don't have to worry about a local law being a problem as I pass through. See below:

LOCAL REGULATIONS

SECTION 23-31-510. Prohibition against regulation of certain matters.

No governing body of any county, municipality, or other political subdivision in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.
 
Makes me wonder how many of the "shall-notify" states have laws allowing locales to have such strong prohibitions.. Notify, as required by state law, and get hauled off to the hoosegow by the locals for breaking theirs..
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Can't speak for places besides Alaska, but we don't have any trip you up local laws, just the state law duty to inform.
 
The person that took the time to write the original post, reporting as fact that people are being arrested in Collegedale for otherwise legally carrying their firearms, is either severely delusional or horribly misinformed. Although that particular verbage does remain in the municipal code, our codes are continually being readdressed and clearly our commissioners (a conservative majority for many years) have not yet been made aware of this particular issue. These commissioners were the same ones that voted to allow the carrying of weapons in our public parks a few years ago, while other municipalities in our area were voting against it.

Rest assured however that no one, and I mean ABSOLUTELY no one has been arrested or even cited for legally carrying a firearm. Notice that I said "cited"!! We are talking about a CITY ORDINANCE here, just like the other Tennessee jurisdiction codes that were also provided in this thread. A city ordinance can never be more than a Class C Misdemeanor because it is a Fine Only Offense and therefore not an arrestable one. Not only the false reports of arrests being made, but also stating that a city ordinance was allowed to trump a state law is irresponsible and erroneous reporting and just plain rubbish!

Let me also reassure the rest of you that may live nearby, or may be considering a visit to the area, you will not be arrested if you are carrying your weapon in accordance with state law. We have many citizens that carry unimpeded and others that even carry open unharassed.

Our police department, although small, is one of the most respected within the area's legal community. Our officers are very professional and are diligent supporters of our Constitution and it's Bill of Rights! Several officers are even Oath Keepers.

If you are abiding by The Constitution and Tennessee state law, you have nothing to worry about in the city limits of Collegedale!
 
LOL!! Yes, I do work there and often run into these "sideways" stories where half truths turn the whole story false. I tend to take these bogus accounts seriously though because we not only care a lot about our city and her people, but also the misconceptions that false information can breed.

I was told of this post and an identical one on another site by a concerned citizen and started searching after reassuring the citizen that all was not as it may appear. Hence my "fine opening for a first post".
 
I work Criminal and Internal Investigations for the Collegedale Police Department. I won't share more than that because I only intended my first post, but if the OP wishes to share date and time specifics about the incident I would be glad to look it up when I get to the office tomorrow and reply with the "rest of the story".
 
jheath0520,

Thank you for your efforts to clear this up. But Johnny Dollar is correct about language like "severely delusional or horribly misinformed" not being appropriate here. Surely you could convey your thoughts in a more temperate fashion.
 
My intention was never to offend, but to only correct an offense. I pride myself on being able to do just that without resorting to the mindless and curse-laden diatribes you often see in too many Internet forums. Perhaps my good intentions were in vain, but I did not want to see what appears to be a lie regarding our stance on any citizen's legal right to bear arms to stand unchallenged. Maybe it's the old Marine in me, but I wanted to make sure our voice was heard.

The truth of the matter is that more than likely the weapon, or the possession of it, had absolutely nothing to do with the stop or the arrest; and this "veteran" had been arrested for a completely unrelated offense. If the weapon had indeed been confiscated from a legally authorized permit holder it would have been only because it had been used in the commission of an offense, or it had been removed from the vehicle for storage in the armory if the vehicle had been towed to impound.
 
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